Family Matters alum Darius McCrary is facing up to four years in jail after being charged with four felony charges over alleged unpaid child support, months before he was arrested at the U.S.-Mexico border, Us Weekly can exclusively report. His rep tells Us the actor has always supported his son and been a part of his life when given the opportunity.
In August 2024, McCrary filed court docs in Michigan requesting that a bench warrant for his arrest, issued on June 24, 2024, after he failed to appear for a hearing, be dropped. McCrary, 49, argued that the child’s birth certificate was not valid due to the document missing a signature and said the court did not have jurisdiction over him.
The actor’s lawyer said prosecutors had threatened to extradite McCrary from California if he did not appear for a hearing on August 12, 2024.
McCrary’s lawyer said McCrary has a “bonding, caring, fit and loving relationship with his three minor children, including the one involved in this case.”
At the time, McCrary said he had been caring for his mother, who was recovering from surgery. “McCrary, a California resident and pillar of the community, was not present for the arraignment on the information on June 24, 2024, because he did not receive the mailed notice to a PO box, miles from his residence that is not checked daily as opposed to his residence, in time to appear, nor did he receive an email as usually done” by the court.
The filing also claimed McCrary had COVID in June 2024. “If he traveled from California to Michigan on June 24, 2024, he would have put the public around him, including other travelers on the airplane, individuals in the courtroom and others at risk of contracting COVID from exposure to him.”
In the filing, McCrary pointed out that the son at the center of the case was 17 and they had a “strong” relationship.
The former child star argued he was not a flight risk and pointed out he was a “life-long, high-profile actor.”
On Tuesday, October 14, the actor’s rep, Ann Barlow, told Us that the whole situation is a misunderstanding. She reiterated the fact that McCrary was not properly served with notice of the case.
She said the court mailed the notice to his P.O. box and not his home address in Los Angeles, which she claimed the court had on file. McCrary’s rep also claimed the actor’s lawyer was not given proper notice.
She believes McCrary’s “due process” was violated because he was given less than nine days’ notice for the hearing. She said that after McCrary received the notice a day after the hearing, however, he immediately contacted the court once getting the mail.
Barlow tells Us that McCrary is in the process of hiring a new lawyer to straighten everything out. Further, Barlow claims the son in question lived with McCrary for the first seven years of his life. She said the entertainer always provides for his son and makes sure he is taken care of.
Barlow claimed that McCrary has not been given credit for support paid directly to his son. She said McCrary has been “railroaded” by the Oakland County court.
McCrary has been out on bond since being arrested in late 2023 over the child support. He was released on bond. Prosecutors claimed the actor owed $95,523 in back support as of March 31, 2024.
In March 2024, Michigan prosecutors claimed McCrary was not paying his child support while out on bond.
Prosecutors asked for McCrary’s bond to be revoked. In July 2024, the prosecutors claimed the actor failed to appear at a June 24, 2024, hearing and a bench warrant was issued.
As Us previously reported, McCrary was arrested on October 5 in San Diego, California, by the United States Border Patrol.
The arrest occurred near the United States-Mexico border. Online records list McCrary as a “fugitive.”
McCrary is still behind bars without bond. A hearing has been set for Wednesday, October 15.
Barlow previously released a statement claiming the arrest was due to McCrary missing a court date in a court battle with the mother of his son, who is now 18, according to USA Today.
She claimed McCrary was on his way to Mexico to build homes for the less fortunate.
McCrary has faced issues over alleged unpaid child support in the past. Back in 2015, McCrary was arrested over unpaid child support in Michigan, according to TMZ.
